Building Regulations Enforcement

Where work is carried out in contravention of the building regulations we will seek to ensure that appropriate remedial works are implemented.  Compliance with the regulations will usually be achieved through discussion and correspondence with the applicant and/or builder.  In circumstances however where remedial works to abate contraventions are not carried out we may have to resort to a more formal approach.

When someone fails to comply with the building regulations they will have committed an offence and in such circumstances we could take action to prosecute the offender.  Rather than resorting to court action in the first instance we will usually first serve a Contravention Notice and only if the terms of the Notice have not been met will prosecution follow.

The following guidance is for applicants, designers and builders who are involved with building projects in the borough and who have received a Contravention Notice.

Contravention Notice

If the contravention is not resolved a Contravention Notice will be served on the owner.  As the Contravention Notice is enforced through the magistrate’s court we consider this formal notification a last resort.

Article 18 of the Building Regulations Order (N.I.) 1979 (as amended) also permits us to serve a Contravention Notice on other persons including the occupier; the builder; the person causing the work to be done; or any other person appearing to have control over the work.

If after 28 days following the serving of the notice the person fails to comply with the notice, we have the right to carry out works that remove the contravention and recover from that person reasonable costs incurred by the council.  Alternatively we can action the Contravention Notice through court.

We can at any time withdraw the Contravention Notice without prejudice to serve another.  If the council withdraws a notice it will give notification of the withdrawal to the person on whom the Contravention Notice was served.

Appeal

Upon receipt of a Contravention Notice you have 28 days within which to lodge a written appeal to the Department of Finance against our decision.  Where a report has been obtained the 28 days period is extended to 70 days from serving of the notice

The written appeal must clearly indicate the grounds of the appeal and be sent to the address below with a copy to us.

Department of Finance
Building Standards Branch
Properties Division
CPD
Goodwood House
44-58 May Street
Belfast BT1 4NN